That German-Singapore Lawyer

Tag: Dispute resolution

Damage Prevention Costs in Maritime Logistics: German Law

I had a very good time present­ing a paper at the 23rd Inter­na­tion­al Con­gress of Mari­time Arbit­rat­ors (ICMA XXIII) yes­ter­day: ‘Reim­burse­ment of Dam­age Pre­ven­tion Costs in Mari­time Logist­ics in the Event of an Anti­cip­ated Breach of Duty Accord­ing to (Cor­rectly Applied) Ger­man Law’. For any­one inter­ested, I am shar­ing the full paper (PDF) in a slightly expan­ded ver­sion: one para­graph of exactly 99 words at the very end that I had to cut from the con­fer­ence ver­sion to meet the rig­or­ous word lim­it, plus Eng­lish trans­la­tions of the rel­ev­ant Ger­man stat­utory pro­vi­sions in the footnotes.

Dr Patrick Dahm at the podium presenting his paper on damage prevention costs in maritime logistics at ICMA XXIII, Singapore, March 2026

Dissertation Summarised

When my dis­ser­ta­tion came out late last year, a few col­leagues asked why a work so focused on Singa­pore, where Eng­lish is the lan­guage of the law, was writ­ten in Ger­man. Well, it was a Ger­man doc­tor­ate, plus the dis­ser­ta­tion was inten­ded as a con­tri­bu­tion to the debate on com­mer­cial courts in Ger­many. That’s why.

Still, they had a point, so I put togeth­er an Eng­lish sum­mary: ‘Should a Dis­pute Be Brought to the Singa­pore Inter­na­tion­al Com­mer­cial Court or to Arbitration?’

I’m pleased to share that it has now been pub­lished in this year’s Zeits­chrift für Zivil­prozess Inter­na­tion­al (ZZP Int (29) 2024, pp. 258 – 312). If the top­ic interests you, do have a look.

SICC or Arbitration?

My doc­tor­al dis­ser­ta­tion has been pub­lished as an e‑book and in print. Its title trans­lates as ‘SICC or Arbit­ra­tion? A Com­par­is­on of Pro­ceed­ings in the Singa­pore Inter­na­tion­al Com­mer­cial Court with the Advant­ages and Dis­ad­vant­ages of Inter­na­tion­al Arbit­ra­tion Pro­ceed­ings’. It does what it says on the tin, so here’s just a bit of background.

Arbitrators: Balancing Active Engagement and Party Autonomy

I was back in Kuala Lum­pur for Asia ADR Week 2024 and an Oxford-style debate on the top­ic of ‘The Extent and Lim­it­a­tions of Arbit­rat­ors’ Dis­cre­tion­ary Powers’.

On the Diminishing Importance of Humanity in Arbitration

Last week­end the Asia ADR Sum­mit was held in Kuala Lum­pur. I had the hon­our and pleas­ure of par­ti­cip­at­ing in an Oxford-style debate on the top­ic: ‘This House believes that “human­ity” is dis­pens­able in arbit­ra­tion, and arti­fi­cial intel­li­gence will sup­plant arbit­rat­ors in the future’.

Here is my state­ment and my rebuttal.

From Munich with Law: My Way to a Doctorate

If you know me, you know that I don’t always do things in life in the ortho­dox order. After passing my first state exam­in­a­tion in law at the begin­ning of 2001, I wanted to do a doc­tor­ate. In fact, I had already made sev­er­al pre­par­a­tions for it. But then life inter­vened and took me from Ham­burg to Singa­pore. Which was fine, and I soon aban­doned the idea of becom­ing a Doc­tor of Law and con­cen­trated on my second state exam­in­a­tion, then my career, and whatever else was hap­pen­ing in my life (which, as life goes, wasn’t all smooth sail­ing). A while ago, how­ever, I picked up the idea again and pur­sued it fur­ther. Yes­ter­day I was in Munich for my oral doc­tor­al exam­in­a­tion at Lud­wig Max­imili­an Uni­ver­sity (LMU). I’m happy to report: I made it.

Me last night at the Ludwig Maximilian University of Munich (symbolic picture).

Courts and Tribunals and the Amicable Settlement of Disputes in Singapore

May courts or arbit­ral tribunals engage in the amic­able set­tle­ment of dis­putes between parties? More spe­cific­ally, may a Singa­pore court or arbit­ral tribunal act­ively do so? What do the inquis­it­ori­al pro­cesses men­tioned in the law have to do with it?

I have set out my thoughts in an art­icle that the Ger­man Arbit­ra­tion Journ­al (Schieds­VZ) has just pub­lished in its September/October 2023 issue.

Sup­ple­ment­al: Kluwer Arbit­ra­tion Blog has pub­lished a sum­mary of the article.

The galley proofs of my article ‘On the Powers of Courts and Arbitral Tribunals in the Amicable Settlement of Disputes by the Parties: A Look at Singapore and Selected Other Countries’. Inquisitorial processes are the key.

Enforceability of Foreign Emergency Awards in Singapore

An arbit­ral award made by an emer­gency arbit­rat­or sit­ting in Singa­pore is enforce­able in Singa­pore. The law is clear on this.

How­ever, the law is less clear on for­eign emer­gency awards. Are they enforce­able in Singapore?

Patrick Dahm (emergency arbitrator, among other things) caught by a CCTV camera taking a picture of himself on the CCTV screen

On Arbitration, Football and Vacuum-Cleaning Robots

The Singa­pore Insti­tute of Arbit­rat­ors invited me to debate the fol­low­ing motion: ‘This House Believes That Arti­fi­cial Intel­li­gence Will Have Replaced Arbit­rat­ors with­in Twenty-Five Years’. In short: can – will – algorithms replace arbit­rat­ors with­in a generation?

We were debat­ing this last night. Here are my open­ing and clos­ing statements.

Group picture of the debaters, the judges and the moderator, all arbitration practitioners

BeA – Insecure Professional Communication for German Lawyers

As of this week, Ger­man law­yers are required to use an elec­tron­ic com­mu­nic­a­tion tool designed espe­cially for them: the spe­cial elec­tron­ic law­yers’ mail­box (beson­deres elektron­isches Anwalt­s­post­fach or beA). The prob­lem is that the beA is inher­ently insec­ure, so it seems bet­ter to avoid using it. This would include, if pos­sible, not lit­ig­at­ing before a Ger­man court if there’s a chance that the oppon­ent or the court might use the beA in the pro­ceed­ings. This seems all the more appro­pri­ate where there is a risk of snoop­ing or foul play by the oppon­ent or third parties, or where the stakes are high – and when aren’t they?

My beA card
One card to bring them all and in the dark­ness bind them

Guerrilla Tactics in Arbitration

I don’t like how we use the term guer­rilla tac­tics in inter­na­tion­al arbit­ra­tion. Refer­ring to guer­rilla dis­ap­prov­ingly implies meth­ods of tra­di­tion­al war­fare are alright. Artil­lery or old-school tac­tic­al form­a­tions – okay. Sneaky ambushes or hit-and-run attacks – not okay.

Japanese premises at night, approached by ninjas
The place of the hear­ing at night
Two birds in a dispute

How Do We Resolve Disputes? What’s with Those Algorithms?

This really very long and quasi-aca­dem­ic post is based on a speech I gave to MBA stu­dents of the Man­age­ment Devel­op­ment Insti­tute of Singa­pore some­time in 2016. Sub­ject: how do we resolve dis­putes and what bor­ders, geo­graph­ic­al or oth­er­wise, do we cross in doing so? Bor­ders and oth­er­wise, ged­dit, I was talk­ing about dis­pute res­ol­u­tion in cyber­space and algorithms.

Singapore to Ratify Hague Convention on Choice of Court Agreements

Here’s my piece on Singa­pore’s rat­i­fic­a­tion of this Con­ven­tion on Peter Ber­t’s dis­pute res­ol­u­tion blog.

The National Coat of Arms of Singapore
The Supreme Court of Singapore

Singapurischer Internationaler Handelsgerichtshof eröffnet

Anfang 2015 wurde der Singapur­ische Inter­na­tionale Han­dels­gericht­shof (Singa­pore Inter­na­tion­al Com­mer­cial Court oder SICC) eröffnet. Das Gericht ist als Teil des singapur­ischen Supreme Court für inter­na­tionale Han­dels­sachen zuständig und ver­eint schiedsgericht­liche und gericht­liche Ele­mente. Singapur will dam­it seine Pos­i­tion als inter­na­tionales Streit­sch­lich­tung­szen­trum ausbauen.

Language’ Difficulties between Civil Law and Common Law

Parties to a leg­al dis­pute may believe they under­stand each other’s legalese or the leg­al ‘etiquette’ applic­able. When really they don’t. This may hap­pen when a party from a civil law jur­is­dic­tion sets foot in a com­mon law envir­on­ment, or vice versa. In inter­na­tion­al arbit­ra­tion pro­ceed­ings, for example.

Appar­ently the High Court of Singa­pore had to decide a case just like this.

Court scene: a barrister (cross-)examining a witness

A Grain of Civil Law – Some (Not So) New Chords for the International Arbitration Jazz

Scene in Italy: group of children free-riding the tram
Faster, cheap­er

Inter­na­tion­al arbit­ra­tion has a prob­lem: pro­ceed­ings that take too long and are too expens­ive. To help solve this we should com­bine the best aspects of civil law and com­mon law pro­ced­ure better.

The Midnight Clause in International Arbitration

This is my speech at the In-house Con­gress in Jakarta, Indone­sia, on 23 April 2014. It was on why it’s import­ant your com­mer­cial con­tracts con­tain an arbit­ra­tion clause that works well.

Full moon at midnight

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